PROSECUTION

of
ELECTION
OFFENSES

What are the

election laws that
provide for
election offenses?

ART. XXII, SECTIONS 261

AND 262of BATAS PAMBAN
SA BLG. 881,

Omnibus Elections Code of

the Philippines

SECTION 27 of REPUBLIC ACT N

O. 6646,
The Electoral Reforms Law of 198
7
SECTIONS 9, 25 AND 31 of
REPUBLIC ACT NO. 7166,
An Act providing for Synchronized
National and Electoral Reforms, a
uthorizing appropriations therefor
e, and for other purposes

SECTION 45 of REPUBLIC ACT N

O. 8189,
The Voters Registration Act of 19
96
SECTION 5 of REPUBLIC ACT NO
. 8295,
An Act providing for the Proclamat
ion of a Lone Candidate for Any Ele
ctive Office in a Special Election,
and for other purposes

SECTION 13 of REPUBLIC ACT NO. 9006,

The Fair Election Act
SECTION 24 of REPUBLIC ACT NO. 9189,
The Overseas Absentee Voting Act of 2003

SECTIONS 28, 31, 32, 33, 35, 37, 39, 40 and

42 of REPUBLIC ACT NO. 9369,
An Act Amending Republic Act No. 8436 Entitled
An Act Authorizing the Commission on Elections to
Use an Automated Election System in May 11,
1998 National or Local Elections and in
Subsequent National or Local Electoral Exercises,
to encourage transparency, credibility, fairness and
accuracy of elections, amending for the purpose
Batas Pambansa Blg. 881, as amended, Republic
Act No. 7166 and other related election laws,
providing funds therefore and for other purposes.

WHO HAS THE POWER TO

PROSECUTE ELECTION
OFFENSES?
SECTION 43. Section 265 of Batas Pambansa
Blg. 881is hereby amended to read as follow:
"SECTION 265.Prosecution.- The Commission
shall, through its duly authorized legal officers,
have the power, concurrent with the other
prosecuting arms of the government, to conduct
preliminary investigation of all election offenses
punishable under this Code, and prosecute the
same."

CAN A CITIZEN OR PUBLIC OFFICER MAKE

WARRANTLESS ARREST IN CONNECTION
WITH AN OFFENSE RELATING TO
ELECTION CAMPAIGN?
No. No person shall be arrested and/or detained at any time
for any alleged offense committed during and in
connection with any election through any act or language
tending to support or oppose any candidate, political
party or coalition of political parties under or pursuant to
any order of whatever name or nature and by
whomsoever issued except upon a warrant of arrest
issued by a competent judge after all the requirements of
the Constitution shall have been strictly complied with.

WHAT ARE THE CONSEQUENCES OF

VIOLATING THE REQUIREMENT OF
AN ARREST WARRANT IN
CONNECTION WITH ELECTION
CAMPAIGN?
Any officer or person who violated this
requirement
shall
be
punished
by
imprisonment of not less than six (6) years
and one (1) day nor more than twelve (12)
years, with accessory penalties for election
offenses. The provision of Sec. 267 of this
Code (on prescription) shall not apply to
prosecution under this section.

WHAT IS THE PRESCRIPTIVE

PERIOD FOR THE PROSECUTION OF
ELECTION OFFENSES?
Election offenses shall prescribe after five
years after the date of their commission. If
the discovery of the offense be made in an
election contest proceedings, the period of
prescription shall commence on the date on
which the judgment of such proceedings
becomes final and executory.

WHO HAS JURISDICTION TO TRY

AND DECIDE ELECTION OFFENSE?
The Regional Trial Court shall have the
exclusive original jurisdiction to try and
decide any criminal action or proceedings
for the violation of the Omnibus Election
Code. From this decision of the courts,
appeal will lie as in other criminal cases.

WHAT IS THE RULE ON THE

PREFERENTIAL DISPOSITION OF
ELECTION OFFENSES?

The investigation and prosecution of cases involving

violations of the election laws shall be given preference
by the Commission on Elections and prosecuting
officials. Their investigation shall be commenced without
delay, and shall be resolved by the investigating officer
within five days from its submission for resolution. The
courts shall likewise give preference to election offenses
over all other cases, except petitions for writ of habeas
corpus. Their trial shall likewise be commenced without
delay, and shall be conducted continuously until
terminated, and the case shall be decided within thirty
days from its submission for decision.

WHAT IS THE REQUIRED PARDON,

AMNESTY, PAROLE OR SUSPENSION OF
SENTENCE FOR VIOLATION OF ELECTION
LAWS, RULES AND REGULATIONS MAY
BE GRANTED BY THE PRESIDENT?
There must be a favorable recommendation first
by the COMELEC. Sec. 5 of Art. XI-C of the
Constitution provides that no pardon, amnesty,
parole or suspension of sentence for violation of
election laws, rules and regulations may be granted
by
the
President
without
the
favorable
recommendation of the Commission.

BAR QUESTION
No. XVII 2010 Bar Examination
Grant of Pardon to Election Offenses
During his campaign sortie in Barangay Salamanca, Mayor
Galicia was arrested at a PNP checkpoint for carrying
high-powered firearms in his car. He was charged and
convicted for violation of the COMELEC gun ban. He did
not appeal his conviction and instead applied for
executive
clemency.
Acting
on
the
favorable
recommendation of the Board of Pardons and Parole,
the President granted him pardon. Is he eligible to run
against for an elective position?. Explain Briefly. (5%)

SUGGESTED ANSWER:
Mayor Galicia can run again for an elective office but not
immediately. Under Section 40 of the Local Government
Code, he cannot run for an elective office within two (2)
years after serving sentence. Under Section 12 of the
Omnibus Election Code, he can run for an elective national
office after the expiration of five (5) years from his service
of sentence. The pardon granted to him is invalid. The
offense involved a violation of the Omnibus Election Code
and the pardon was granted without the favorable
recommendation of the Commission on Elections. (Section 5,
Article IX-C of the Constitution).

ALTERNATIVE ANSWER:
No. Galicia is not eligible to run for an
elective position because the executive
clemency is not valid and effective because
it was granted with constitutional infirmity.
The Constitution requires recommendation
from the COMELEC before the President
may grant executive clemency for offenses
violating election laws.

THE END